Category: Supreme Court

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Case Study: Supreme Court rules on Reflective Loss in Sevilleja v Marex Financial Ltd

This decision confirms the rule against reflective loss as an important tool to protect the payment waterfall for unsecured creditors in the event of a company’s insolvency.

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The Doctrine of Legal Precedent: When is a Court decision binding?

The doctrine of precedent is one of the most important features of the law of England and Wales. It is important to understand in litigation when and if a past court decision is binding on subsequent courts. It can mean the difference between winning and losing a case.

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Shanks v Unilever [2019]: UK Supreme Court potentially opens floodgates for further intellectual property claims by inventors

The Supreme Court (Lord Kitchin, Lady Hale, Lord Reed, Lord Hodge and Lady Black sitting) this week have handed down the highly anticipated judgment in Shanks v Unilever…